Court hears, rules on final pretrial matters in BOSTON case

September 8, 2016 – Firm partner David Given appeared in the federal district court in Boston today on behalf of former BOSTON guitarist Barry Goudreau in the trademark infringement case brought against him by Tom Scholz. Federal district court judge Denise Casper heard argument and ruled on a series of pretrial motions brought by both parties. Judge Casper asked for additional material on one evidentiary matter relating to certain advertisements referring to Goudreau as an “original” member of the band BOSTON, reserving her ruling on that subject; she also asked the parties to submit competing proposed verdict forms. Following the hearing, Judge Casper set the case for a five-day jury trial. Goudreau has his own claims against Scholz over the parties’ 1983 settlement agreement, which sorted out matters relating to Goudreau’s departure from the band following the multi-platinum success of its second album, “Don’t Look Back,” and which Goudreau says Scholz has breached by overstepping his rights to police his “Boston” word mark. Trial of the matter will begin Monday, Oct. 24th.